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Home My WebLink AboutJANUARY 20, 2015 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 M. BENJAMIN DAVENPORT, At Large ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITYATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANA GAN CITYAUDITOR LYNDONS. REMIAS CITY CLERK -RUTH HODGES FRASER, MMC I II. III CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 20 JANUARY 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER BRIEFING - Conference Room - A. MOBILE APPLICATIONS Communications and Technology Matt Arvay, Director Chris Golding, Systems Engineer CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. -(757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:30 PM 4:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Doug Gray Senior Chaplain Westminster Canterbury C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 6, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Creation of a Special Service District (SSD) Hurds Cove Neighborhood Dredging Project 2. Excess City -Owned Property 130 London Bridge Road 3. Proposed Leases a. 1409 Virginia Beach Road b. 1467 Old Virginia Beach Road C. 213 and 217 Louisa Avenue 4. Acquisition of Property by Agreement or Condemnation Southern Canal and Lead Ditch Culvert Replacement Project I. ORDINANCE S/RESOLUTIONS 1. Ordinance to AMEND the City Code and ADD Section 35.3-13: a. CREATE Hurd's Cove Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes b. TRANSFER $600,000 for engineering and design work DISTRICT 5 -LYNNHAVEN 2. Ordinance to DECLARE the property at 130 London Bridge Road EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY the property to the Development Authority DISTRICT 6 — BEACH Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. 1409 Old Virginia Beach Road to Virginia Beach Community Development Corporation b. 1467 Old Virginia Beach Road to Transitions Community Development Corporation DISTRICT — 6 BEACH 4. Resolution re City Investments and Deposits (Sponsored by Councilman Moss) Ordinances to AUTHORIZE: a. Acquisition of property in fee simple for right-of-way re the Southern Canal and Lead Ditch Culvert Replacement Phase II b. Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re maintaining an existing bulkhead, construct and maintain a proposed boatlift and pier at 2804 West Point Court DISTRICT 6 - BEACH 6. Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of Emergency Management (VDEM): a. $165,547 re Hazmat Team Equipment and Training b. $ 6,600 re Transportation of Hazardous Materials Training J. PLANNING MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non -Conformity re single family dwellings at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL 2. STEVE BARNES and MARY SUE and JAMES S. RIGGS at 1076 Sandbridge Road (Deferred December 2, 2014) DISTRICT 7 — PRINCESS ANNE: a. Variance to Section 4.4(b) of the Subdivision Re lain of the City Zoning Ordinance (CZO) b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B) c. Conditional Use Permit for a Farm Stand RECOMMENDATION APPROVAL 3. DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public Utility Electric Transformer Station at 2056 Recreation Avenue DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open Air Market at 2545 Sandpiper Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 5. OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTON for a Conditional Use Permit re a Home Occupation for boarding and training at 5013 Madeira Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 6. BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit re Bulk Storage at 1760 Independence Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 7. NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT CORP for a Change of Zoning from B-2 Community Business and A-18 Apartment to Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544 Newton Road and 525 Landfall Arch DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 8. CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA H. LAWRENCE TRUST: a Change of Zoning from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach Boulevard b. Conditional Use Permit re Auto Sales and Service DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. AH SANDBRIDGE, LLC for Modification of Proffer No. 3 of a Conditional Change of Zoning at 2101 Princess Anne Road (APPROVED June 11, 2013) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION 10. CITY OF VIRGINIA BEACH: APPROVAL a. Change of Zoning from B-2 Community Business to Conditional I-1 Industrial at London Bridge Road between Potters Road and I-264 re uses compatible with the Accident Potential Zone DISTRICT 6 — BEACH RECOMMENDATI b. AMEND Section 107 of the City Zoning Ordinance (CZO) re Proffered Conditions that deviate from allowable lot coverage RECOMMENDATION APPROVAL c. AMEND the Comprehensive Plan re Princess Anne and Transition Area, Chapter 4 of the Policy Document, and REVISE the Transition Area Design Guidelines RECOMMENDATION APPROVAL d. AMEND Section 502 of the City Zoning Ordinance (CZO) re setbacks adjacent to the Atlantic Ocean RECOMMENDATION APPROVAL e. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans of Development for setbacks adjacent to the Public Beach of the Atlantic Ocean RECOMMENDATION APPROVAL 11. RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan Consistency Review for vehicular access RECOMMENDATION K. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ADOPTION If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to 5:00 PM -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 20, 2015 Mayor William D. Sessoms, Jr., called to order City Council's Briefing, in the City Council Conference Room, Tuesday, January 20, 2015, at 3:30 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 -2 - CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 3:30 P.M. Mayor Sessoms welcomed Matt Arvay, Director — Communication and Technology Department. Mr. Arvay expressed his appreciation to City Council for their continued support. Mr. Arvay advised this presentation will provide an update on the Mobile Applications Project. He introduced Chris Golding, Systems Engineer: Mobile Applications 1/20/2015 WCommunications & IT Mr. Golding expressed his appreciation to City Council for the opportunity to provide an update to the Mobile Applications Project. He provided the Agenda for today's Briefing: Agenda • State of Mobile Master Technology Plan: 5-7 Mobile Strategy • VB Connect • ooerview Features Demo VB Works Overview • Departments using VB Works in Phase I • Supported Service Requests Demo WCommunications & IT January 20, 2015 -3 - CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) Mobile has become an essential platform the City must support as it continues to gain popularity for City Services. In fact, last year 38% of "traffic " on vbgov.com was via mobile/desktop: State of Mobile Mr. Golding advised the word `Mobile" is a generic term. The City is targeting the largest group of mobile devices by Citizens and focusing on the two that make up 93.9% of the market: State of Mobile comScore July 2014 Smartphone • Target the largest group of Market Share devices that citizens use RNMERMI • Android and iOS make up 93.9% Android 52.5% jos 41.4% of market as of July 2014 Microsoft 3.3% ' • Continue to re-examine other BiackBerry 2.S% platforms for development as they develop a larger market Symbian 0.2% share VyJCommunications & IT January 20, 2015 -4 - CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) This project is in line with the Master Technology Plan: Master Technology Plan: S-7 Mobile Strategy Objectives • Establish a Distinguishable City of Virginia Beach Portal • Enhance citizen experience with government • Access to Services and Information' • Drive operational efficiencies • Increased Business and Taxpayer Value • Transform Business Processes end- to-end using Mobile Technology Communications & IT The implementation of these mobile applications for Citizens and the City's workforce, both the "in house " developed application and the "off the shelf" application, will transform business processes: Master Technology Plan: S-7 Mobile Strategy Implementation • Provide mobile applications for Citizens and the workforce via: • In -House Development • Commercial Off the Shelf (COTS) • Integrate mobile applications with existing systems to transform business processes end-to-end Y'aJ Communications & 1T January 20, 2015 -5 - CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) 0 , A7,,I I VB Connect Communications & IT VB Connect is a mobile application built "in house " and provides Citizens a quick way to access City information and services: VB Connect: Overview • VB Connect provides citizens with a quick way to access city information and services • It provides a centralized portal to the city's official mobile apps • Leverages existing content from VBgov.com • First mobile app developed by ComIT V Communications & IT January 20, 2015 W CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) Below are the features of VB Connect: Mr. Golding provided a demonstration of VB Connect: Fc YOU R.•.. Akordable H-tth insurarxc. �� as Mob le App,. F3c4"c�p!Cs.{.` jjKj �TC pmt o January 20, 2015 VB Connect: Features • City News (Featured Articles and News Releases) Directory of Mobile Apps' City Council Members Contact Information • Department Contact Information • Job Listings • And much more! commmiications & 1T Mr. Golding provided a demonstration of VB Connect: Fc YOU R.•.. Akordable H-tth insurarxc. �� as Mob le App,. F3c4"c�p!Cs.{.` jjKj �TC pmt o January 20, 2015 -7 - CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) The second mobile application is VB Works: VB Works Communications & IT Below is an overview of the Application. Of importance, this Application provides a two way street for communication between the City and Citizens: VB Works: Overview • An application that allows citizens to report non -emergency issues or request services using their mobile device (i0S/Android) or VBgov.com • Upgrades the City's existing "Report a Problem" Center on VBgovcom • Provides end-to-end integration with work order management systems: • Phase I—Hansen • Phase II -Accela • Increases communication between citizens and the city • Increases visibility of outstanding issues to the public Communications & IT January 20, 2015 M CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) Below are the Departments currently using VB Works: Departments using VB Works in Phase I • Public Works — Operations, Building Maintenance, and Waste Management • Parks and Recreation — Landscape Management • Emergency Communications and Citizen Services — VB311 • Housing and Neighborhood Preservation —Code Enforcement communications & IT Below are the supported Service Requests: January 20, 2015 Supported Service RequestsN2 • Bulky Item Pickup • Traffic Sign • Channel Markers • Traffic Signal Q • Drainage & Flooding • Trash Collection • Graffiti • Yard Waste • Mosquito Spraying • Other • Pothole • Recycling Collection • Street Light V Communications & PI' January 20, 2015 W3 CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) Mr. Golding demonstrated the VB Works Application. This Application was purchased "off the shelf" and then customized for the City: Both Applications are currently available for download and scheduled to launch tomorrow: Availability • VB Connect and VB Works officially launching 1/21 • Both apps are now available for download on Apple's iCS App Store and Google Play ANDROID <PG ON Google play WCommunications & 1T January 20, 2015 -10 - CITY MANAGER'S BRIEFING MOBILE APPLICATIONS ITEM #64495 (Continued) Questions? Mobile Application Development Team Timeline • Hiring of initial staff • Procurement of mobile services app • Prototype VBGo (Events) • Development of Mobile Standards, Policies, and Strategy Note: (1) =Initiated; (C) = Continued • VB Connect(i) • VB Works),) -Phase 1 • PW—Operations • PW— Building Maintenance • PW—Waste Management • Parks & Rec • ECGS • Code Enforcement • VB Events(i) • VB Works (c) - Phase 1 • PW—Operations • PW— Building Maintenance PW — Waste Management • Parks&Rec ECC • Code Enforcement • 1 staff member added • iOS 8 Updates • VB Property(,) • VB ParkFinder)I) Mayor Sessoms expressed his appreciation to Mr. Arvay, Mr. Golding and the entire Team for their continued work. January 20, 2015 -11 - CITY COUNCIL COMMENTS ITEM #64496 4:02 P.M. Councilman Moss referenced the announcement made by Eric Holder, US Attorney General, regarding policy changes that will prevent local and state police from using the federal law to seize assets. He is curious what, if any, effect this will have on the Police Department. January 20, 2015 -12 - CITY COUNCIL COMMENTS (Continued) ITEM #64497 Councilman Moss requested a follow-up to the Five Year Forecast and suggested discussing it during the upcoming City Council Retreat. He noted the Real Estate Equivalent of the Unfunded Liabilities, not including the Pension Liability, and advised the risk is substantial to fund all of the unfunded items mentioned in the Five Year Forecast. January 20, 2015 -13 - CITY COUNCIL COMMENTS (Continued) ITEM #64498 Council Lady Ross -Hammond advised approximately 1,400 Delta Sigma Theta Sorority Members attended the Tidewater/Central Virginia Founders Day Welcome Reception that took place at the Convention Center this past weekend. She said everyone was impressed with the City. January 20, 2015 -14 - CITY COUNCIL COMMENTS (Continued) ITEM #64499 Council Lady Ross -Hammond attended the Dream Bowl 2015, held here in Virginia Beach for the third straight year. This has become the premier "small -school focused " all-star football game that features the best "small -school" seniors in the Country. The goal is to give these athletes coaching, instruction and an opportunity to begin a professional career in football. She mentioned the possibility of an Arena being built in the City and these athletes are excited about that possibility. January 20, 2015 -15 - CITY COUNCIL COMMENTS (Continued) ITEM #64500 Council Lady Ross -Hammond, along with Mayor Sessoms, attended the 30M Annual Dr. Martin Luther King, Jr., Community Leaders' Breakfast hosted by the Urban League of Hampton Roads. The event, she is happy to report, was well attended. January 20, 2015 -16 - CITY COUNCIL COMMENTS (Continued) ITEM #64501 Council Lady Ross -Hammond, along with Councilman Dyer, attended the Virginia Beach Interdenominational Ministers Conference Annual Martin Luther King, Jr., Prayer Breakfast. Police Deputy Chief John Bell and Linda Bright, Community Services Board, received recognition for their contributions to the community. January 20, 2015 -17 - CITY COUNCIL COMMENTS (Continued) ITEM #64502 Council Lady Kane advised she "tossed the coin " at the Dream Bowl football game held Monday and was told numerous times how wonderful Council Lady Ross -Hammond was for taking her time to be with the group. January 20, 2015 CITY COUNCIL COMMENTS (Continued) ITEM #64503 Council Lady Kane attended, along with Councilman Wood, the Plaza Volunteer Rescue Squad's Installation Banquet and Awards Ceremony. She was very impressed by the group enthusiasm. January 20, 2015 -19 - AGENDA REVIEW SESSION 4:06 P.M. ITEM #64504 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L ORDINANCES/RESOL UTIONS 1. Ordinance to AMEND the City Code and ADD Section 35.3-13: a. CREATE Hurd 's Cove Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes b. TRANSFER $600, 000 for engineering and design work DISTRICT 5-LYNNHAVEN 2. Ordinance to DECLARE the property at 130 London Bridge Road EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY the property to the Development Authority DISTRICT 6 — BEACH 3. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. 1409 Old Virginia Beach Road to Virginia Beach Community Development Corporation b. 1467 Old Virginia Beach Road to Transitions Community Development Corporation DISTRICT — 6 BEACH 4. Resolution re City Investments and Deposits (Sponsored by Councilman Moss) 5. Ordinances to AUTHORIZE: a. Acquisition of property in fee simple for right-of-way re the Southern Canal and Lead Ditch Culvert Replacement Phase H b. Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re maintaining an existing bulkhead, construct and maintain a proposed boadift and pier at 2804 West Point Court DISTRICT 6 - BEACH 6. Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of Emergency Management (VDEM): a. $165,547 re Hazmat Team Equipment and Training b. $ 6,600 re Transportation of Hazardous Materials Training ITEM #2 WILL BE DEFERRED TO FEBRUARY 3, 2015 ITEM #4 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM #4 January 20, 2015 -z0 - AGENDA REVIEW SESSION ITEM #64504 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. PLANNING 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non -Con orm4y re single family dwellings at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7 —PRINCESS ANNE 2. STEVE BARNES and MARYSUE and JAMES S. RIGGS at 1076 Sandbridge Road (Deferred December 2, 2014) DISTRICT 7 — PRINCESS ANNE: a. Variance to Section 4.4(b) of the Subdivision Regulations of the City Zoning Ordinance (CZO) b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B) c. Conditional Use Permit for a Farm Stand 3. DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public Utility Electric Transformer Station at 2056 Recreation Avenue DISTRICT 7 — PRINCESS ANNE 4. KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open Air Market at 2545 Sandpiper Road DISTRICT 7 — PRINCESS ANNE 5. OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTONfor a Conditional Use Permit re a Home Occupation for boarding and training at 5013 Madeira Road DISTRICT 4 - BAYSIDE 6. BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit re Bulk Storage at 1760 Independence Boulevard DISTRICT 4 — BAYSIDE 7. NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT CORP for a Change o Zoning from B-2 Community Business and A-18 Apartment to Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544 Newton Road and 525 Landfall Arch DISTRICT 2 — KEMPSVILLE 8. CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA H. LAWRENCE TRUST. DISTRICT 4 - BAYSIDE a Change of Zoning from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach Boulevard b. Conditional Use Permit re Auto Sales and Service 9. AH SANDBRIDGE, LLC for Modi kation of Proffer No. 3 of a Conditional Change of Zoning at 2101 Princess Anne Road (APPROVED June 11, 2013) DISTRICT 7 — PRINCESS ANNE January 20, 2015 -21 - AGENDA REVIEW SESSION ITEM #64504 (Continued) 10. CITY OF VIRGINIA BEACH: a. Change o Zonin from B-2 Community Business to Conditional I-1 Industrial at London Bridge Road between Potters Road and I-264 re uses compatible with the Accident Potential Zone DISTRICT 6 — BEACH b. AMEND Section 107 of the City Zoning Ordinance (CZO) re Proffered Conditions that deviate from allowable lot coverage c. AMEND the Comprehensive Plan re Princess Anne and Transition Area, Chapter 4 of the Policy Document, and REVISE the Transition Area Design Guidelines d. AMEND Section 502 of the City Zoning Ordinance (CZO) re setbacks adjacent to the Atlantic Ocean e. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans of Development for setbacks adjacent to the Public Beach of the Atlantic Ocean 11. RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan Consistency Review for vehicular access ITEM #1 WILL BE DEFERRRED INDEFINATEL Y VICE MAYOR JONES and CO UNCILMAN MOSS ARE ABSTAINING ON ITEMS #3 MAYOR SESSOMS WILL ABSTAIN ON ITEM #8a/b COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM #1 Ob ITEM #IOc WILL BE DEFERED TO FEBRUARY 3, 2015 January 20, 2015 -22- ITEM#64505 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PUBLICALLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publically held property, where discussion in an open meeting would adversely affect the bargaining positon or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3) Bayside District Beach District Pembroke/Beach Districts — Development Projects PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees January 20, 2015 -23- ITEM#64505 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 4:19 P.M. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: PWIMI (Closed Session (Break 4:19 P.M. - 5:26 P.M.) 4:19 P.M. - 4:26 P.M.) January 20, 2015 -24 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 20, 2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 20, 2015, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Doug Gray Senior Chaplain Westminster Canterbury PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made apart of the record. January 20, 2015 -25 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty (`Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made apart of the record. January 20, 2015 iy 2 zr S Op OUR 0110N' City of Virginia Beach WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to File No.: 0053805 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 January 13, 2015 VBgov.corn MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 FAX (757)385-5699 wsessoms@vbgov.com Re: Conflict of Interests Act Disclosure—Towne Bank and Berkshire Hathaway Home Services Towne Realty Dear Mrs. Fraser: I have retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach) and no longer have any involvement in Towne Bank's transactions. Due to that fact, as well as the size of Towne Bank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which I am not personally involved and of which I do not have personal knowledge. In that regard, I am always concerned about the appearance of impropriety that might arise if I unknowingly participate in a matter before City Council in which Towne Bank has an interest. I have similar concerns with respect to Berkshire Hathaway Home Services Towne Realty, which is an affiliate of Towne Bank. In order to ensure my compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review each City Council agenda to identify any matters in which I might have an actual or potential conflict. If, during my review of an agenda, I identify a matter in which I have a "personal interest," as defined by the Act, I will either abstain from voting, or I will file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Thank you for your assistance and cooperation in this matter. Very truly yours, Mayor William D. Sessoms, Jr. WDS/RRI City of Virgirzia Beach 9,F pF' 6 OF OUR WkV�o S January 13, 2015 ROSEMARY WILSON COUNCIL LADY - AT -LARGE In Reply Refer to File No.: 0053803 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, VA 23456 VBgov.corn PHONE: (757) 422-0733 FAX: (757)385-5669 Re: Conflict of Interests Act Disclosure — Berkshire Hathaway HomeServices Towne Realty Dear Mrs. Fraser: I am a realtor affiliated with Berkshire Hathaway HomeServices Towne Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of realtor and real estate agent affiliation, the size of Berkshire Hathaway, and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which I am not personally involved and of which I do not have personal knowledge. In that regard, I am always concerned about the appearance of impropriety that might arise if I participate in a matter before City Council in which Berkshire Hathaway has an interest, but in which I have no personal knowledge of that interest. In order to ensure my compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict. If, during my review of the agenda for any given meeting of the Council, I identify a matter in which I have a "personal interest," as defined in the Act, either individually or in my capacity as a realtor affiliated with Berkshire Hathaway, I will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Thank you for your assistance and cooperation in this matter. Very truly yours, .p Rosemary A. tails Councilmember 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Item -V-E CERTIFICATION -26 - ITEM #64506 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #64505 Page 23, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Kaser, MMC City Clerk January 20, 2015 Item -V-F.1 MINUTES -27 - ITEM #64507 Upon motion by Councilman Dyer, seconded by Council Lady Ross -Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 6, 2015. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 -28- ADOPTAGENDA FOR FORMAL SESSION ITEM #64508 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 20, 2015 -29 - Item V — H.1 PUBLIC HEARING ITEM #64509 Mayor Sessoms DECLARED A PUBLIC HEARING: CREATION OF A SPECIAL SERVICE DISTRICT (SSD) Hurds Cove Neighborhood Dredging Project The following individuals registered to speak: Martin Schildwachter, 3113 Blair Circle, spoke in FAVOR of the creation of the Special Service District (SSD). He has worked on this SSD for quite a long time and he believes they have 85% or 86% approval of the property owners. He expressed his appreciation to the City Engineers for the time, effort and energy they put into working with the residents. He feels this is a "win/win "for the community, the City and the environment. Daniel Greenberg, 4124 Ewell Road, Phone: 202-483-9411 did not respond. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. **At approximately 6:15 P.M., Mr. Greenberg, arrived after the Public Hearing was closed and the matter was already Voted on and ADOPTED by City Council. He requested he be allowed to share his comments with City Council. Mayor Sessoms advised Mr. Greenberg they would hear his comments, however, the Vote had already been taken and the Item would not be reconsidered. Mr. Greenberg apologized for his late arrival due to not knowing the location of the City Council Chamber. He expressed his appreciation to City Council for allowing him to share his concerns. He advised he has been attempting to get questions answered and wants to make sure City Council is fully aware of how to -date this Project has progressed. His mother sent a letter to Deputy City Manager, Mr. Hansen, explaining her objections to the SSD. Mr. Greenberg requested a list of any residents or others who stand to benefit from the SSD and who has a Conflict of Interest. Also, he requested a copy of the "science " that explains the claim that dredging improves the water quality, if any such "science" or study exists. Mayor Sessoms requested Mr. Greenberg provide a list of his concerns to the City Manager, Jim Spore and directed Mr. Spore to respond to each of his concerns. January 20, 2015 -30 - Item V — H.2 PUBLIC HEARING ITEM #64510 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY -OWNED PROPERTY 130 London Bridge Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 20, 2015 -31 - Item V — K3a/h/c PUBLIC HEARING ITEM #64511 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED LEASES a. 1409 Virginia Beach Road b. 1467 Old Virginia Beach Road C. 213 and 217 Louisa Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 20, 2015 -32 - Item V — H.4 PUBLIC HEARING ITEM #64512 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION OF PROPER TY B Y A GREEMENT OR CONDEMNATION Southern Canal and Lead Ditch Culvert Replacement Project There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 20, 2015 Item -V-I ORDINANCESIRESOL UTIONS -33 - ITEM #64513 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items la/b, 2(DEFER TO FEBRUARY 3, 2015), 3a/b, 5a/b and 6a/b of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent. None January 20, 2015 Item -V-I ]a ORDINANCES/RESOLUTIONS -34 - ITEM #64514 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code and ADD Section 35.3-13: a. CREATE Hurd's Cove Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND THE CITY CODE TO CREATE THE HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL TAXES ON REAL PROPERTY WITHIN THE HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT SECTION ADDED: 35.3-13 WHEREAS, the City of Virginia Beach has received signed petitions from at least 80% of the residents of the Hurd's Cove Dredging Area waterfront property owners; and WHEREAS, the petitions provide the signers commit to the imposition of special service district ("SSD") taxes and other contributions as set forth in further detail herein; and WHEREAS, the Hurd's Cove Area Dredging Project ("Project") includes three (3) cycles of dredging; and WHEREAS, although the SSD taxes will begin July 1, 2015, the first dredging is planned for FY 2016-17, the second is planned for FY2023-24, and the third is planned for FY 2030-31; and WHEREAS, the Project is a partnership addressing related dredging activities: the community channel dredging, which is supported by City contributions to the Special Service District; the neighborhood channel dredging, which is supported by the levy of Special Service District taxes; and the access channels, which are supported by individual contributions to the Special Service District; and WHEREAS, the rate established by this Ordinance is based on the FY2013-14 real estate assessed value of the subject properties; and WHEREAS, City staff will re -calculate the estimated Project costs at a minimum of every four (4) years; and WHEREAS, the City Council of the City of Virginia Beach believes that undertaking the Project is in the best interest of the public and is a reasonable exercise of the City's authority to promote general welfare, including commerce and industry of the City and the inhabitants thereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended to add Section 35.3-13 as follows: 47 Section 35.3-13. Creation of the Hurd's Cove Area Dredging Special Services 48 District. 49 a. There is hereby created the Hurd's Cove Area Dredging Special Service District 50 for the purposes set forth in this chapter and those set forth in Code of Virginia, 51 section 15.2-2403. 52 b. The boundaries of the Gills Cove Area Dredging Special Service District shall be 53 described in detail by the map attached to this ordinance. 54 c. The Hurd's Cove Area Dredging Special Service District shall dissolve on July 1, 55 2031, if not sooner. 56 57 2. There shall be levied and collected taxes for the special purpose of providing 58 neighborhood dredging on all real estate within and pursuant to the Hurd's Cove Area 59 Dredging Special Service District at the rate of 43.8 cents ($0.438) on each one 60 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in 61 addition to the real estate tax rate set forth by the General Real Estate Tax Levy 62 adopted by City Council. Any deferral of such levies for elderly or disabled persons 63 shall be subject to § 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written 64 consent is required to apply this tax rate to the full assessed value of properties subject 65 to special use value assessment. The real estate tax rate imposed herein shall be 66 applied on the basis of one hundred percentum (100%) of the fair market value of such 67 real property except for public service real property, which shall be on the basis as 68 provided in Code of Virginia § 58.1-2604. 69 70 3. The City Manager or designee is hereby authorized to enter into contracts and to 71 perform other actions consistent with this ordinance. 72 73 4. Paragraphs 1 and 3 shall be effective immediately. 74 75 5. Paragraph 2 shall be effective July 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of January 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Q Management Services APPROVED AS TO LEGAL SUFFICIENCY: City-AttoKheyrs Office CA13183 R-1 December 8, 2014 Item -V-I.1 b ORDINANCES/RESOLUTIONS -35 - ITEM #64515 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code and ADD Section 35.3-13: b. TRANSFER $600, 000 for engineering and design work Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-505, 2 "HURD'S COVE NEIGHBORHOOD DREDGING" AND TO 3 TRANSFER FUNDS TO CIP #8-505 4 5 WHEREAS, by separate ordinance the City Council established the Hurd's Cove 6 Neighborhood Dredging Special Service District; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, THAT: 10 11 1. Capital Improvement Project #8-505, "Hurd's Cove Neighborhood Dredging" is 12 hereby established in the FY 2014-15 Capital Improvement Program; and 13 14 2. $600,000 is hereby transferred from the General Fund Reserve for 15 Contingencies, Neighborhood Dredging, to Capital Project #8-505 for 16 engineering and design work. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of January 2015. APPROVED AS TO CONTENT � Management Services APPROVED AS TO CONTENT: Publi6 Works APPROVED AS TO LEGAL SUFFICIENCY: i i for ey's Office CA13184 R-1 December 8, 2014 `\ F HC88 v \ HC2 ; 0 H HC7 HU Hc4o i \ HC39 - HC5 HCB HC70 a-1. cIR `\ HC14 HC38 \ HC38 HC35 OHC43 HC13 HC77 HC11 HC33 HC12 HC41 HC17 `\ HC45 \ HC too HC46 HC32 HC30 HC29 HC19 HC18 WP ' HC71 HCW `\ MC47 HC28 HC20 HC26 HC27 HC25 HC63 HC23 HC48 HC82 MC49 HC24 HC61 OHC50 60 } HCHC59 NgOaFSk HC5, HC58 HC66 xcsz '1 HC54 i HC57 HC55 xC53 HC73 HC70 ' HC56 HC77 HC% HC72 HC7t HCW HC68 HC78 MC79 ! f> HC80 HC95 5 HC81 HC82 HC83 Legend Mein Channel City Funded Spur Neighborhood Funded Spur QStudy Area Property !� Property Lines Buildings City Property SuyPgkTt Hurds Cove Neighborhood Dredging r, Feet Attachment B Neighborhood Dredging for Hurds Cove October 2014 NurnbeFll GPIN Address HC1 14982365340000 3045 LITTLE HAVEN RD HC2 14982345070000 3049 LITTLE HAVEN RD HC3 14982324000000 3065 LITTLE HAVEN RD HC4 14982301060000 3013 OAK LYNN PATH HC5 14982310680000 943 QUAIL RUN QUAY HC6 14982330110000 947 QUAIL RUN QUAY HC7 14982332320000 951 QUAIL RUN QUAY HC8 14982343500000 953 QUAIL RUN QUAY HC9 14982380390000 959 QUAIL RUN QUAY HC10 14982279200000 955 QUAIL RUN QUAY HC11 14982266750000 958 QUAIL RUN QUAY HC12 14982245500000 950 QUAIL RUN QUAY HC13 14982217310000 946 QUAIL RUN QUAY HC14 14982209010000 942 QUAIL RUN QUAY HC16 14981295180000 927 HURDS RD HC17 14981294940000 931 HURDS RD HC18 14982252070000 949 HURDS RD HC19 14982232610000 Lot Only HC20 14982231350000 945 DIGGS LN HC23 14982138320000 989 HURDS RD HC24 14982116140000 984 HURDS RD HC25 14982108740000 980 HURDS RD HC26 14982109170000 976 HURDS RD HC27 14981189090000 952 HURDS RD HC28 14981260520000 950 HURDS RD HC29 14981273920000 940 HURDS RD HC30 14981263110000 938 HURDS RD HC31 14981241940000 936 HURDS RD HC32 14981242180000 934 HURDS RD HC33 14981255900000 928 HURDS RD HC35 14981224990000 3105 BLAIR CIR HC36 14981217590000 3109 BLAIR CIR HC37 14981206140000 3113 BLAIR CIR HC38 14980288020000 3116 BLAIR CIR HC39 14980380170000 3112 BLAIR CIR HC40 14980362410000 3141 LITTLE HAVEN RD HC41 14980341350000 884 BISHOPSGATE LN HC42 14980249910000 3100 CELBRIDGE CT HC43 14980267420000 3101 CELBRIDGE CT HC44 14980264050000 832 BISHOPSGATE LN HC45 14980283630000 3108 AUDLEY WAY Attachment B Neighborhood Dredging for Hurds Cove October 2014 NurnbeFllGPIN Address HC46 14980293920000 3104 AUDLEY WAY HC47 14981220580000 3100 AUDLEY WAY HC48 14981137380000 784 BISHOPSGATE LN HC49 14981166350000 780 BISHOPSGATE LN HC50 14981153370000 783 BISHOPSGATE LN HC51 14981123700000 787 BISHOPSGATE LN HC52 14981101360000 791 BISHOPSGATE LN HC53 14981058410000 621 TIMBERLAND TRL HC54 14981170960000 627 TIMBERLAND TRL HC55 14981098190000 625 TIMBERLAND TRL HC56 14981087920000 624 TIMBERLAND TRL HC57 14982049550000 3067 BRAY RD HC58 14982160280000 3071 BRAY RD HC59 14982162660000 3075 BRAY RD HC60 14982194720000 3091 BRAY RD HC61 14983115810000 3095 BRAY RD HC62 14982196870000 3101 BRAY RD HC63 14983137640000 3107 BRAY RD HC64 14983232420000 3119 BRAY RD HC65 14983100820000 3083 BRAY RD HC66 14982377110000 3041 LITTLE HAVEN RD HC67 14981281920000 954 HURDS RD HC68 14981065600000 617 TIMBERLAND TRL HC69 14981044680000 613 TIMBERLAND TRL HC70 14981017030000 3100 WINCHESTER LN HC71 14980075460000 3200 QUEENSBURY DR HC72 14980065280000 3204 QUEENSBURY DR HC73 14980067350000 3208 QUEENSBURY DR HC74 14980047570000 3212 QUEENSBURY DR HC75 14980037380000 3216 QUEENSBURY DR HC76 14980028320000 3220 QUEENSBURY DR HC77 14981095580000 620 TIMBERLAND TRL HC78 14981094300000 616 TIMBERLAND TRL HC79 14981082630000 612 TIMBERLAND TRL HC80 14981080080000 608 TIMBERLAND TRL HC81 14971989260000 604 TIMBERLAND TRL HC82 14971988460000 3112 QUIM BY RD HC83 14971987550000 3108 QUIM BY RD HC84 14971986840000 3104 QUIM BY RD HC85 14971984350000 3100 QUIM BY RD HC87 14972913540000 3024 WATERGATE LN Attachment B Neighborhood Dredging for Hurds Cove October 2014 Number GPIN Address HC88 14972923940000 3020 WATERGATE LN HC89 14972943130000 3016 WATERGATE LN HC90 14972942950000 3012 WATERGATE LN HC91 14972964670000 3009 BRAY RD HC92 14972956800000 3013 BRAY RD HC93 14972937030000 3021 BRAY RD HC95 14982041070000 3035 BRAY RD HC99 14982075770000 3059 BRAY RD HC100 14980273410000 1 3112 AUDLEY WAY Item -V-I.2 ORDINANCES/RESOLUTIONS -36 - ITEM #64516 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO FEBRUARY 3, 2015, BY CONSENT, Ordinance to DECLARE the property at 130 London Bridge Road EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY the property to the Development Authority DISTRICT 6 — BEACH Voting: I1-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item -V-L3a ORDINANCES/RESOLUTIONS -37 - ITEM #64517 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. 1409 Old Virginia Beach Road to Virginia Beach Community Development Corporation Voting: I1-0 Council Members Voting Aye.- M. ye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR ONE YEAR, WITH FOUR OPTIONAL ONE-YEAR RENEWALS, WITH THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION FOR THE USE OF LAND AND A RESIDENCE LOCATED AT 1409 OLD VIRGINIA BEACH ROAD. WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land and the residence located thereon located at 1409 Old Virginia Beach Road (GPIN 2417-17-9326) and more particularly described on Exhibit "A" attached hereto (the "Premises"); WHEREAS, the Virginia Beach Community Development Corporation ("VBCDC") is currently leasing the Premises pursuant to ORD -3083C adopted May 12, 2009; WHEREAS, VBCDC, in accordance with the current lease, performed noise attenuation measures and brought the Premises into compliance with City building codes; WHEREAS, VBCDC would like to continue leasing the Premises from the City and will perform all required maintenance during the lease term; WHEREAS, VBCDC would like to enter into a formal lease with the City for the Premises in accordance with the Summary of Terms attached hereto as Exhibit "B"; and WHEREAS, the Premises will be utilized for affordable housing for Virginia Beach residents and for no other purpose. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of one year, with the option to renew for four one-year terms, between VBCDC and the City, for the Premises in accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be deemed acceptable by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of January , 2015. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attor) y APPROVED AS TO CONTENT Facilities Managem t CA12955 1/9/2015 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d008\p023\00127443.doc Exhibit "A" Legal Description for 1409 Old Virginia Beach Road, Virginia Beach, VA 23454 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Lynnhaven Borough in the City of Virginia Beach, Virginia, designated as the property of J. Hunter, Jr., on the plat entitled "Street Dedication, Brockville - Extended, Site No. 25, at Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia," made by W.B. Gallup, County Surveyor, dated July 20, 1964 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 61, at page 45, and more particularly described as follows: BEGINNING at a point on the south side of Old Virginia Beach Road and Gary Avenue; thence in an easterly direction along the southern side of the Old Virginia Beach Road 91.6 feet, more or less, to a point; thence S 70 30'00" W 8.8 feet; thence continuing in the same course 165.05 feet to a point at the dividing line between the property shown as Lot "G" on said plat; thence N 82030'00" W 91.6 feet to the easterly line of Gary Avenue; thence N 7030'00" E 162.3 feet along the easterly side of Gary Avenue to the southern side of Old Virginia Beach Road, to the point of beginning. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Sheila Ross dated September 29, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20081010001188270. EXHIBIT "B" SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: A residential property: 1409 Old Virginia Beach Road (GPIN: 2417-17-9326) TERM: February 1, 2015 through January 31, 2016, with four (4) one-year renewal options. Renewal terms are at the City's option. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF VBCDC: • Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. • At no time shall more than one family reside in the dwelling unit. • Shall not modify the Premises without prior approval from City. • Will maintain sound attenuation measures and compliance with City codes at Lessee's expense. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate the lease at any time without cause upon thirty (30) days' advance written notice. Item -V-L3b ORDINANCES/RESOLUTIONS -38 - ITEM #64518 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: b. 1467 Old Virginia Beach Road to Transitions Community Development Corporation Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH TRANSITIONS COMMUNITY 5 DEVELOPMENT CORPORATION FOR THE USE OF 6 LAND AND A RESIDENCE LOCATED AT 1467 OLD 7 VIRGINIA BEACH ROAD. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain parcel of land and the residence located thereon located at 1467 Old 11 Virginia Beach Road (GPIN 2417-16-0982) and more particularly described on 12 Exhibit "A" attached hereto (the "Premises"); 13 14 WHEREAS, Transitions Community Development Corporation, a Virginia 15 non -stock corporation ("Transitions"), is currently leasing the Premises pursuant 16 to ORD-3111 G adopted December 8, 2009; 17 18 WHEREAS, Transitions, in accordance with the current lease, performed 19 noise attenuation measures and brought the Premises into compliance with City 20 building codes; 21 22 WHEREAS, Transitions would like to continue leasing the Premises from 23 the City and will perform all required maintenance during the lease term; 24 25 WHEREAS, Transitions would like to enter into a formal lease with the 26 City for the Premises in accordance with the Summary of Terms attached hereto 27 as Exhibit "B"; and 28 29 WHEREAS, the Premises will be utilized to provide temporary housing for 30 no more than four (4) residents at one time and for no other purpose. 31 32 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a lease for the term 36 of one year, with the option to renew for four one-year terms, between 37 Transitions and the City, for the Premises in accordance with the Summary of 38 Terms attached hereto, and such other terms and conditions deemed necessary 39 and sufficient by the City Manager and in a form deemed satisfactory by the City 40 Attorney. 41 42 20th Adopted by the Council of the City of Virginia Beach, Virginia on the 43 day of January , 2015. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ii*y Atto ' y APPROVED AS TO CONTENT Z]4�- "I Public Wor — Facilit' s Management CA12960 '.`..vbgov.com:DFS 1' Applications:CityLawProd'.:cycom32`.: Wpdocs..D020\P006,.00032870. DOC R-1 January 9, 2015 pj EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, located and being near the old road from Oceana to Virginia Beach Borough, in the Borough of Lynnhaven, City of Virginia Beach, Virginia, and being more particularly bounded and described as follows: BEGINNING at a pin distant 305.04 feet South 7 degrees 30 minutes West from a pin on the Southern line of said old road to Virginia Beach, and running thence South 7 degrees 30 minutes West 381.6 feet to a pin; thence South 82 degrees 30 minutes East 279 feet to a pipe; thence North 7 degrees 30 minutes East 370.4 feet to a pin; thence North 80 degrees 29 minutes West 279.2 feet to the point of beginning, containing 2.4 acres according to plat made by W. B. Gallup, County Surveyor, September 27, 1945, and of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 17, page 30, to which plat reference is hereby made for a more particular description of said land; TOGETHER with an easement reserved by Elmira Knox and designated on the plat entitled, "Property of Charlie Willie Blackshear and Mary Elizabeth Blackshear, made by W. B. Gallup, dated May 23, 1957", marked on said plat as "Easement reserved by Elmira Knox", said easement being located in the northeast corner of the property of Charlie Willie Blackshear and Mary Elizabeth Blackshear, and being triangular in shape with twenty feet at the base and an altitude of forty feet. EXCEPTING, HOWEVER, from the above tract of land a small parcel of land designated as .28 acre according to a plat entitled "Property of Charlie Willie Blackshear and Mary Elizabeth Blackshear, made by W. B. Gallup, dated May 23, 1957", recorded in the aforesaid Clerk's Office in Map Book 45, page 38, and set out in the deed from Elmira Knox, unmarried, to Charlie Willie Blackshear and Mary Elizabeth Blackshear, his wife, dated August 12, 1958, and duly of record in the aforesaid Clerk's Office in Deed Book 554, page 120. EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Transitions Community Development Corporation PREMISES: A residential property 1467 Old Virginia Beach Road (GPIN: 2417-16-0982) TERM: February 1, 2015, through January 31, 2016, with four (4) one-year renewal options. Renewal terms are at the City's option. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for a temporary residential facility and for no other purpose. • At no time shall more than 4 people reside in the dwelling unit. • Shall not modify the Premises without prior approval from the City. • Will maintain sound attenuation measures and compliance with City codes at Lessee's expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease upon sixty (60) days' advance written notice. Item -V-L4 ORDINANCES/RESOLUTIONS -39 - ITEM #64519 A MOTION was made by Councilman Moss, to ADOPT a Resolution re City Investments and Deposits. MOTION FAILED D UE TO A LACK OF A SECOND. January 20, 2015 04 a I -y z Oj�9 Gil 9,Fs 5 0� of OUR NAS10 WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0053847 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach January 20, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on A Resolution Regarding City Investments and Deposits. 2. The resolution includes guidance from the City Council to the City Treasurer regarding the investment and deposit of City funds with financial institutions. 3. I have a personal interest in TowneBank, which is a financial institution located at 60022 Ind Street in Virginia Beach. I was previously employed by TowneBank but am now retired and no longer have any involvement in TowneBank's transactions. 4. The City Attorney has advise me that because the City Treasurer has sole discretion in selecting financial institutions for deposits and investments and therefore would not be bound by the suggestions contained in the resolution, the Act provides that I do not have a personal interest in this resolution and may therefore participate in City Mrs. Ruth Hodges Fraser -2- January 20, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Council's discussion and vote on the item without restriction. Nevertheless, I have chosen to voluntarily make this disclosure and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Nl/ � William D. Sessoms Mayor WDS/RRI Item-V-I.5a ORDINANCES/RESOLUTIONS -40- ITEM #64520 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE: a. Acquisition of property in fee simple for right-of-way re the Southern Canal and Lead Ditch Culvert Replacement Phase H Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE SOUTHERN 4 CANAL AND LEAD DITCH CULVERT 5 REPLACEMENT PHASE II PROJECT (CIP 7- 6 024), AND THE ACQUISITION OF 7 TEMPORARY AND PERMANENT 8 EASEMENTS, EITHER BY AGREEMENT OR 9 CONDEMNATION 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists to improve transportation safety and reduce flooding along Head 13 River Road, Indian Creek Road and Crags Causeway within the City and for other related 14 public purposes for the preservation of the safety, health, peace, good order, comfort, 15 convenience, and for the welfare of the people in the City of Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.2-1007, et seg., and 22 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 23 fee simple, including temporary and permanent easements (the "Property"), as shown on 24 the plans entitled "Southern Canal and Lead Ditch Culvert Replacement Phase II CIP #7- 25 024 PWCN-14-0011," (the "Project") and more specifically described on the acquisition 26 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans 27 being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 20th 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 January 2015. PREPARED: 12/03/2014 CA13236 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d018\p019\00173185.doc aED AS aTONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM RKS/REAL ESTATE CITY ATTORNE � sq NT f � Rp4' v u A a a O OF RrI�F GORO e FER � Z ite 0 of CITY OF CHESAPEAKE C .Q •o, � oJ� .ROJECT�■�, OCATION HEAD RIVER P SNARL d .V • IA �6 PROJECT LOCATION #2 PROJECT LOCATION SOUTHERN CANAL Legend CIP 7'024 ;4Y Berard & Linda Harrison Property Berard & Linda Harrison Property P a C b \Nrojects\AKU mieswgenaa iwapswouuie[n t dnailouuuiciii %.anal r-vu:.,.nixu Item -V-L5b ORDINANCESIRESOL UTIONS -41 - ITEM #64521 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE: b. Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re maintaining an existing bulkhead, construct and maintain a proposed boatlift and pier at 2804 West Point Court BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re maintaining an existing bulkhead, construct and maintain a proposed boatlift and pier at 2804 West Point Court (GPIN 149 7581609) DISTRICT 6 - BEACH The following conditions shall be required: For and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. 2. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval 3. It is expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. January 20, 2015 Item-V-I.5b ORDINANCES/RESOLUTIONS -42- ITEM #64521 (Continued) It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a variable width riparian buffer, which shall be a minimum of 7,350 square feet in area landward from the shoreline, as shown on Exhibit A, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the `Buffer'). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000. 00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. It is further expressly understood and agreed that this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the side yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 20, 2015 Item-V-I.5b ORDINANCES/RESOLUTIONS -43- ITEM #64521 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS THE PINETREE BRANCH OF THE LYNNHAVEN RIVER LOCATED AT THE REAR AND A PORTION OF THE SIDE OF THE PROPERTY KNOWN AS 2804 WEST POINT COURT FOR JENNIFER M. REED AND CHRISTOPHER S. OLLICE. WHEREAS, Jennifer M. Reed and Christopher S. 011ice, (the "Applicants") desire to Grantee to maintain an existing fence, pier and modular jetski float; reconstruct and maintain an existing bulkhead (486 LF); and construct and maintain a proposed boatlift and pier, upon the City's property known as the Pinetree Branch of the Lynnhaven River located at the rear and side of 2804 West Point Court. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way/property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jennifer M. Reed and Christopher S. 011ice, their heirs, assigns and successors in title are authorized to Grantee to maintain an existing fence, pier and modular jetski float; reconstruct and maintain an existing bulkhead (486 LF); and construct and maintain a proposed boatlift and pier, upon the City's property as shown on the map entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR JENNIFER M. REED & CHRISTOPHER S. OLLICE," a copy of which is attached hereto as Exhibit A, and on file in the Department of Public Works and to which reference is made for a more particular description; BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and the Applicants, (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicants and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th 52 day of January , 2015. CA13152 R-1 PREPARED: 11/6/2014 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFY AND FORM: r )7/ A UBLIC ORKS, REAL ESTATE CITY,41- 5 PINETREE BRANCH N EX. PIER ENCROACHES—FL 14.6' INTO CVB PROPERTYR ~FLOO�%BB- T OF W E OpU�' Z N� f�pP \v v� PROPOSED SPG AND MAW MB 56 21WATUF* ATPIIER Z VIRGINIA BECH EX. BULKHEAD N/F CITYRNIA pARUff GPIN: 11497473785 RICHARD T. W S RESERVED FOR BOAT BASIN AND DRAINAGE LIC. N0. 18335 5s� . (M.B. 41, PG. 22) o DECEMBER 11, 2014 qD'f FI (M.B. 58, PG. 21) O y0 6 PROPOSED O \<V� 60' RF LANDSCAPE SUFFERS 3,900 SF o W W 3.450 SFs/O E N A LCR TURF h'. o S BT 4' METAL W 45b0. FENCE ENCROACHES MULCHED TURF OCVB f 15 PROPERTY 00' AREA o WW BULKHEAD GARDEN PLANTER ENND7 RF W.WWy? MULCH BED EX. MULCH BEDS 0 EXTRfE (TYP) P O EX. POOL W TURF hI'v 0 0 �^ MULCH BED 1 5 STY- BR & F MULCH �p� 0 12804R' N LOT 67 EX. 4' METAL �i+ 2 N/F KEVIN KNIGHT FENCE ENCROACHES a� SHED 601 CHESOPEIAN TRAIL GPIN: 1497 58 2539 6.4' INTO CVB PROPERTY W $ GONG: DRIVE` �tT PROPOSED 7,350 SF LANDSCAPE BUFFER INCLUDES PLANTINGS OR 5' UTILITY A DRAINAGE PROPOSED 486 LF. EASEMENT LOT 66 WEST POINT CT (M.B. 58, PG. 21) CANOPY TREES: (19) BALD CYPRESS BU KHM y� �. (M.B. 58, PG. 21) Vl.nl'7Gl'W GPIN: 1497-58-1609 UNDERSTORY TREES: (19) NATCHEZ CREPE MYRTLES N � (19) BLOODGOOD JAPANESE MAPLE BULKHEAD 60090 \ START 4180 (57) SHRUBS TO BE PLANTED AMONG 4' \ LOT 65 �% k0• ?O Ei� THE TREES AND THROUGHOUT THE BUFFER THAT WILL N/F NORMAN NWITZ JR. 60 RCHITEC ARCHITECTURALLY BLEND WITH THE 2809 WEST POINT COURT 00 WEST POINT COURT SPECIES OF TREES PLANTED GPIN: 1497 48 9563 0 40' 80' 40' R MISC. GROUND COVER, ORNAMENTAL GRASSES & PERENNIAL PLANTS BUFFER REO'D: 488.5'x15'=7,328 SF SPECIES MAY VARY DEPENDING ON BUFFER PROVIDED: 7.350 SF AVAILABILITY AT TIME OF PLANTING 1" = 40' EXHIBIT "A" - ENCROACHMENT REQUEST FOR ZONING: R-15 JENNIFER M. REED ENGINEERING SERVICES PROVIDED BY: CHRISTOPHER S. OLLICE PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE (757) 773-8084 aWL-• RK:KOPCC-LLC.COM DECEMBER 11, 2014 SHEET 1 OF 1 5 PINUREE BRANCH N EX. PIER ENCROACHES FLOOD w a 14.6' INTO CVB PROPERTY �EBe PST H�F — �� N 00 V\OP � �• �J \v • Q� PROOSE`i ASK\ S BATUFT u' EX' MB 58 PG 21 �ll d: PIER S� MLW AND MHW P\ER EX. BULKHEAD AT N/F CITY pip + RICHARD T. BARTLCII D 114971R47N13785ACH W RESERVED FOR BOAT BASIN LIC. N0. 18335 S 59 AND DRAINAGE (M. B. 41, PG. 22) o DECEMBER 11, 2014 Op O0, F (M. B. 58, PG. 21) f fJ Cv 60 60 LANDSCAPE m Z W RF BUFFERS 3.900 SF .000 �J S� o W RLp 3,450 SF W N A L 4i " TURF 'S 6,. 4' METAL 45'00, FENCE ENCROACHES MIJ�LC�HED TURF f 6.2' INTO CVB ;),S PROPERTY W 00, 0W BULKHEAD GARDEN PLANTERW END 7 RF I� W.W .WSJ. W MULCH BED W W W EX. s?? �• W MULCH BEDS O EX�RE W W W P 0 EX. POO L W W TURF W hry O 0 4/ MULCH BED 1.5 STy, BR & a MULCH B ° FR. #2804 N Lor 67 EX. 4' METAL N/F KEVIN KNIGHT SHED 2 601 CHESOPEIAN TRAIL FENCE ENCROACHES �,� GPIN: 1497 58 2539 6.4' INTO CVB W PROPERTY W $ DONC. DRIVE° PROPOSED 7,350 SF LANDSCAPE �p BUFFER INCLUDES PLANTINGS OF. W O. PROPOSED 488 LF. 5' UTdRY & DRAINAGE ,. EASEMENT LOT 66 WEST POINT CT (M.B. 58, PG. 21) CANOPY TREES: (19) BALD CYPRESS fl BVf1\H (M.B. 58' PG. 21) GPIN: 1497-58-1609 UNDERSTORY TREES: (19) NATCHEZ CREPE MYRTLES (19) BLOODGOOD JAPANESE MAPLE BULKHEAD START 60-0 \ Of S6 (57) SHRUBS TO BE PLANTED AMONG - it kp�?Q• THE TREES AND THROUGHOUT THE BUFFER AREA THAT WILL LOT 65 N/F NORMAN BENWITZ JR. 6Q 00. �g ARCHITECTURALLY BLEND WITH THE SPECIES OF TREES PLANTED 2809 WEST POINT COURT WEST POINT COURT GPIN: 1497 48 9563 40' R MISC. GROUND COVER, 0 40' 80� ORNAMENTAL GRASSES & PERENNIAL PLANTS BUFFER REQ'D: 488.5'x15'=7,328 SF SPECIES MAY VARY DEPENDING ON BUFFER PROVIDED: 7,350 SF AVAILABILITY AT TIME OF PLANTING 1" = 40' EXHIBIT "A" - ENCROACHMENT REQUEST FOR ZONING: R-15 JENNIFER M. REED ENGINEERING SERVICES PROVIDED BY: CHRISTOPHER S. OLLICE PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757) 773-8084 EMAIL RICKOPCC-LLC.COM DECEMBER 11, 2014 SHEET 1 OF 1 Item -V-L 6a ORDINANCES/RESOLUTIONS -44 - ITEM #64522 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of Emergency Management (VDEM): a. $165,547 re Hazmat Team Equipment and Training Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR THE FIRE DEPARTMENT'S HAZMAT TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $165,547 is hereby accepted from the U.S. Department of Homeland Security by way of the Virginia Department of Emergency Management and appropriated, with estimated revenues increased accordingly, to the FY2014-15 Operating Budget of the Fire Department to provide training, maintenance, and the purchase of equipment that will allow the Hazmat Team to maintain its operational readiness for the response to and identification of hazardous and unknown substances. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day Of January .2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 21z Budget and Management Service C' y Att ney's Office CA13250 R-1 January 7, 2015 Item -V-L 6b ORDINANCES/RESOLUTIONS -45 - ITEM #64523 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of Emergency Management (VDEM): b. $ 6,600 re Transportation of Hazardous Materials Training Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT AND TO PROVIDE 4 THE REQUIRED LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $6,600 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with estimated revenues increased accordingly, to the 11 FY 2014-15 Operating Budget of the Fire Department for the Office of Emergency 12 Management to conduct a full scale exercise related to the transportation of hazardous 13 materials; and 14 15 2. That the required 20% local match will be provided by in-kind resources of the 16 Fire Department's Hazmat Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day Of January , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: "9w�1, � -1 Qa, C �_Jj -, Budget and Management Ser7 s CA13251 R-1 January 7, 2015 APPROVED AS TO LEGAL SUFFICIENCY: Ci y' Office Item —V -J PLANNING -46 - ITEM #64524 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC CHANGE IN NON-COFORMITY 2. STEVE BARNES and MARYSUE and l VARIANCE TO SUBDIVISION JAMES S. RIGGS VARIANCE TO FLOODPLAIN CONDITIONAL USE PERMIT 3. DOMINION VIRGINIA POWER CONDITIONAL USE PERMIT 4. KENNETH LEACH and TIMOTHY CONDITIONAL USE PERMIT WHITE 5. OBEDIENT PAWS, LLC and ADAM CONDITIONAL USE PERMIT and DIANE BLACKISTON 6. BEACH LA WN and GARDEN, INC. CONDITIONAL USE PERMIT and GEORGE LEITZ 7. NEWTOWN SQUARE ASSOCIATES, LLC CHANGE OF ZONING and PROVIDENCE DEVELOPMENT CORP. 8. CHECKERED FLAG MOTOR CAR COMPANY CHANGE OF ZONING and JULIA H. LAWRENCE TRUST CONDITIONAL USE PERMIT 9. AH SANDBRIDGE, LL C MODIFICATION OF PROFFER NO. 3 10. CITY OF VIRGINIA BEACH a. CHANGE OF ZONING b. AMEND CITY ZONING c. AMEND COMP PLAN d. AMEND CITY ZONING e. ESTABLISH TRANSITION R ULES 11. SIMON A CQ UISITION II, LLC COMP PLAN CONSISTENCY ITEM #1 WILL BE DEFERRED INDEFINATEL Y VICE MAYOR JONES and COUNCILMAN MOSS WILL ABSTAIN ON ITEM #3 MAYOR SESSOMS WILL ABSTAIN ON ITEM #8alb COUNCIL LAD YHENLEY WILL VOTE VERBAL NAY ON ITEM #1 Ob ITEM #IOC WILL BE DEFERRED TO FEBRUARY 3rd January 20, 2015 Item -V-J PLANNING -47 - ITEM #64525 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items ](DEFER INDEFINATELY), 2a/b/c, 3(JONES and MOSS ABSTAIN), 4, 5, 6, 7, 8a/b (MAYOR ABSTAIN), 9, 10a/b (HENLEY VERBAL NAY)/c (DEFER TO FEBRUARY 3, 2015)/d/e and]] of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item —V -J.1 PLANNING -48 - ITEM #64526 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, Application of MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non -Conformity re single family dwellings at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7 — PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item-V-J.2a/b/c PLANNING -49- ITEM #64527 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of STEVE BARNES and MARY SUE and JAMES S. RIGGS at 1076 Sandbridge Road (Deferred December 2, 2014) DISTRICT 7 —PRINCESS ANNE a. Variance to Section 4.4(b) of the Subdivision Regulations of the City Zoning Ordinance (CZO) b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B) c. Conditional Use Permit for a Farm Stand BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of STEVE BARNES and MARY SUE and JAMES S. RIGGS at 1076 Sandbridge Road (Deferred December 2, 2014) (GPIN 24232 6 71 73) DISTRICT 7 — PRINCESS ANNE a. Variance to Section 4.4(b) of the Subdivision Regulations of the City Zoning Ordinance (CZO) b. Variance to the Floodplain Ordinance, Sections 4.10(B) and S.1 (B) The following conditions shall be required: The subject Site shall be subdivided substantially in accordance with the submitted exhibit entitled "PRELIMINARY SUBDIVISION PROPERTY OF MARTHA SUE RIGGS", dated September 30, 2014, and prepared by Bonifant Land Surveyors, Inc. 2. The proposed "LOT B" shall be limited to agricultural uses, including the Farm Stand. "LOT B "shall not be a Residential Building Site. c. Conditional Use Permit for a Farm Stand The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the addition shall be developed substantially in conformance with the submitted Site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD. " 2. With the exception of any modifications required as a result of the review process for recording the final Plat, the property shall be subdivided substantially in accordance with the submitted exhibit entitled "PRELIMINARY SUBDIVISION PROPERTY OF MARTHA SUE RIGGS, " dated September 30, 2014, and prepared by Bonifant Land Surveyors, Inc. 3. The farm stand shall not be open for business except between the hours of 7: 00 AM and 8:00 PM January 20, 2015 Item-V-J.2a/b/c PLANNING -50- ITEM #64527 (Continued) This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item -V-J.3 PLANNING -51 - ITEM #64528 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public Utility Electric Transformer Station at 2056 Recreation Avenue DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public Utility Electric Transformer Station at 2056 Recreation Avenue (GPIN 1484890177) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: With the exception of any modifications required by any of these conditions or during the formal Site Plan review process, the Site shall be developed, landscaped, and maintained substantially in conformance with the submitted Site Plan entitled "CONDITIONAL USE PERMIT (SHEET 2) LANDSTOWN SUBSTATION SVC EXPANSION PLAN VIRGINIA BEACH, VIRGINIA", dated June 3, 2014 and prepared by Dominion. 2. The proposed STATCOM building, identified on the submitted Site Plan as "PROPOSED 24'X 114'X 17' TALL SVC BUILDING", when constructed, shall be in substantial conformance with the exhibits entitled, "SVC BUILDING ELEVATIONS SHEET I OF 2 " and "SVC BUILDING ELEVATIONS SHEET 2 OF 2 ", dated April 4, 2014, and prepared by Beta Engineering. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Vice Mayor Louis R. Jones John D. Moss Council Members Absent: None January 20, 2015 o?iy9�s "-S Off"` UP OUR NA�1�N LOUIS R. JONES VICE MAYOR Refer to File No. 0053850 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach January 20, 2015 PHONE: (757) 583-0177 FAX: (757)588-4659 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Dominion Virginia Power for a conditional use permit for property located at 2056 Recreation Avenue. 2. Holloman -Brown Funeral Home, Inc. and Tidewater Cemetery Corporation own property located at 3445 Princess Anne Road, which is adjacent to the property that is the subject of Dominion Virginia Power's application. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc., and its corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Virginia. I also have an ownership interest in Tidewater Cemetery Corporation, and its principle office is located at 1453 Kempsville Road Suite 101, Virginia Beach, Virginia. 4. I hereby disclose this interest and will abstain from voting on the transaction. 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645 Mrs. Ruth Hodges Fraser -2- January 20, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Louis R. Jon Vice Mayor LJR/RRI OP OUR NASIONS JOHN MOSS COUNCILMAN - AT -LARGE In Reply Refer to 0053846 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 C ity of Virginia Beach January 20, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Fraser: VBgov.Com PHONE: (757) 363-7745 MOSSJOHN @ COX. N ET Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I am executing this written disclosure regarding City Council's discussion and vote on the application of Dominion Virginia Power for a conditional use permit for property located at 2056 Recreation Avenue. 2. I have a personal interest in Dominion Resources, Inc., which is also known as Dominion Virginia Power. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. JDM/RRI li�Sincere '1 I John D. ra<� Councilmember 4109 RICHARDSON ROAD, VIRGINIA BEACH, VIRGINIA 23455 Item -V J.4 PLANNING -52 - ITEM #64529 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open Air Market at 2545 Sandpiper Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open Air Market at 2545 Sandpiper Road (GPIN 2434104628) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. There shall be no more than one Food Service trailer on the Site at any one time. 2. Approval from the Health Department is required prior to operation. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item -V-J 5 PLANNING -53 - ITEM #64530 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Applications of OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTON for a Conditional Use Permit re a Home Occupation for boarding and training at 5013 Madeira Road DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTON for a Conditional Use Permit re a Home Occupation for boarding and training at 5013 Madeira Road (GPIN 1469919 744) DISTRICT 4 - BAYSIDE The following conditions shall be required. 1. Unless otherwise limited by Animal Control, the maximum number of dogs on the site over six (6) months of age shall be four (4). 2. The dogs shall only be trained within fenced areas of the yard. 3. All dogs shall be housed within the home and garage. 4. The existing rear yard fencing shall be maintained in good condition for perimeter control. 5. All dogs, when outside the residence and garage, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item -V-J.6 PLANNING -54 - ITEM #64531 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Applications of BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit re Bulk Storage at 1760 Independence Boulevard DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit re Bulk Storage at 1760 Independence Boulevard (GPIN 1479240082) DISTRICT 4 — BAYSIDE The following conditions shall be required: With the exception of any modifications required by any of these conditions, the Site shall be developed and maintained substantially in conformance with the submitted Site Plan entitled "PARKING PLAN FOR 1760-1776 INDEPENDENCE BLVD., " dated March 25, 2014 and prepared by Robyn J. Thomas. 2. Category IV landscape screening shall be installed at the exterior of the fence at the West side of the Bulk Storage area, as shown on the Site Plan identified by staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The landscaping shall consist of evergreen trees, five (5) to six (6) feet in height at the time of planting. 3. A gate shall be installed to the East of the building, as shown on the Site Plan, identified by Staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The gate shall be constructed of a solid material, not less than six (6) feet in height. 4. Should the fencing located on the adjacent parcels to the North and/or East be removed, the applicant or owner of the subject Property shall be required to install new fencing. The new fencing shall be not less than six (6) feet in height, and Category VI landscaping, as per Section 228 of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen January 20, 2015 Item -V-J.6 PLANNING Voting: 11-0 Council Members Voting Aye: -55 - ITEM #64531 (Continued) M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item -V-J.7 PLANNING -56 - ITEM #64532 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, BY CONSENT, Application of NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT CORP for a Change of Zoning from B-2 Community Business and A- 18 Apartment to Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544 Newton Road and 525 Landfall Arch DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT CORP for a Chane o Zonin from B-2 Community Business and A-18 Apartment to Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544 Newton Road and 525 Landfall Arch (GPINs 1468303340 and 1467392620) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item-V-J.8a/b PLANNING -57- ITEM #64533 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED and CONDITIONED, BY CONSENT, Applications of CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA K LAWRENCE TRUST DISTRICT 4 - BAYSIDE a Change of Zonin from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach Boulevard b. Conditional Use Permit re Auto Sales and Service BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA K LAWRENCE TRUST DISTRICT 4 — BAYSIDE: a Change of Zonin from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach Boulevard (GPINs 1467770065, 1467761791, 1467760982, 1467669850 and 1467669913) The following conditions shall be required.• An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court b. Conditional Use Permit re Auto Sales and Service The following conditions shall be required. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the Site shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia, " prepared by MSA, P.C., dated 08125114, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 3. A Landscape Plan shall be prepared by a Landscape Professional and submitted for Development Services Center review and shall depict an all-weather solid fence, minimum height of six (6) feet to be installed along all property lines adjacent to the A-12 Apartment District. 4. Any existing "nonconforming" free-standing signs shall be removed. The free- standing sign (pylon sign as identified on the Plan referenced in Condition I above) shall be as depicted on the exhibit entitled, "Multibrand 8, " and shall be limited to eight (8) feet in height. January 20, 2015 Item -V-J 8a/b PLANNING -58 - ITEM #64533 (Continued) 5. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 6. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and City streets. A Photometric Plan shall be submitted for Development Services Center review. 7. No loud speakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights- of-way. 9. No outside storage of parts, equipment or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 10. All automotive repair work shall be conducted inside the building. 11. All existing chain-link and barbed-wire fencing shall be removed from the property. The use of chain-link and/or barbed-wire shall be prohibited from use along any property line adjacent to the A-12 Apartment District zoning or if visible from any right-of-way. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None January 20, 2015 City of Virginia Beach �y z, p 2 X99 O OUR NA'V%' WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0053845 January 20, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the applications of Checkered Flag Motor Car Company, Inc. for a conditional use permit and for a change of zoning from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business for property located at 324 Nelms Lane, 5200 Virginia Beach Boulevard, 5226 Virginia Beach Boulevard, and 5232 Virginia Beach Boulevard. 2. The applicant has advised that TowneBank has or will provide services with respect to the requested property use. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- January 20, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, /William D. Ses oms Mayor WDS/RRI Item -V-J.9 PLANNING -59 - ITEM #64534 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, BY CONSENT, Applications of AH SANDBRIDGE, LLC for Modi ication of Prof No. 3 of a Conditional Change of Zoning at 2101 Princess Anne Road (APPROVED June 11, 2013) DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of AH SANDBRIDGE, LLC for Modification o Pro f er No. 3 of a Conditional Change of Zoning at 2101 Princess Anne Road (APPROVED June 11, 2013) (GPIN 2414129860) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item -V-J 10a PLANNING .e ITEM #64535 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH: a. Change of Zoning from B-2 Community Business to Conditional I -I Industrial at London Bridge Road between Potters Road and I-264 re uses compatible with the Accident Potential Zone (GPIN) DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of CITY OF VIRGINIA BEACH. - a. Change o Zonin from B-2 Community Business to Conditional I-1 Industrial at London Bridge Road between Potters Road and I-264 re uses compatible with the Accident Potential Zone (GPIN 240 7048646) DISTRICT 6 —BEACH The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of January, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item-V-J.10b PLANNING -61- ITEM #64536 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH: b. AMEND Section 107 of the City Zoning Ordinance (CZO) re Proffered Conditions that deviate from allowable lot coverage Voting: 10-1 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None January 20, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE PERTAINING TO THE ACCEPTANCE BY CITY COUNCIL OF PROFFERED CONDITIONS THAT DEVIATE FROM THE REQUIRED LOT COVERAGE Section Amended: City Zoning Ordinance § 107 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 107 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Section 107. Amendments. (i) Petitions not meeting minimum requirements. Any petition for which the parcel involved or structure on the parcel does not meet the minimum dimensional requirements of the proposed zoning district shall be processed nevertheless, but shall not be approved by the city council unless it finds that either special circumstances pertinent to the site or the proposed conditions of rezoning adequately offset the negative effects of the deficiency. In addition, the city council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the comprehensive plan. COMMENT This amendment will allow City Council to approve a Conditional Zoning where the lot coverage requirement is not met. City Council currently does so for setbacks, landscaping, lot area and height. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of January , 2015. APPROVED AS TO CONTENT CA13165 R-2 November 19, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Cl *yyy Attorney's. _ Item-V-J.IOc PLANNING -62- ITEM #64537 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO FEBRUARY 3, 2015, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH: c. AMEND the Comprehensive Plan re Princess Anne and Transition Area, Chapter 4 of the Policy Document, and REVISE the Transition Area Design Guidelines Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item-V-J.IOd PLANNING -63- ITEM #64538 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH: d. AMEND Section 502 of the City Zoning Ordinance (CZO) re setbacks adjacent to the Atlantic Ocean Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 AN ORDINANCE TO AMEND SECTION 502 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SETBACKS ADJACENT TO 4 THE ATLANTIC OCEAN IN THE R -5R 5 ZONING DISTRICT 6 7 SECTION AMENDED: City Zoning Ordinance § 502 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 502 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 5. RESIDENTIAL DISTRICTS 19 20 .... 21 22 Sec. 502. Dimensional requirements. 23 24 The following chart lists the requirements within the R-40 through R -5S 25 Residential Districts for minimum lot area, width, yard spacing and maximum lot 26 coverage for single-family dwellings. 27 28 (a) For single-family dwellings: 29 Residential Districts R- R- R- R- ' R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S (11) As an exception, the minimum setback in any yard adjacent to the public beach of the Atlantic Ocean for any structures, except in -ground swimming pools, shall be 30 feet in the R -5R District. For purpose of this section, "beach" h II ' I d b Ikh d d of uous s a me u e any u ea a area co i-4 to, and any unimproved public right-of-way within, the sandy beach. C NA NA NA NA NA NA NA 30 NA 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The following chart lists the requirements within the R -5D Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings. (b) For duplex and semidetached dwellings in the R -5D Residential District: DuplexesSemidetached (9) As an exception, the setback for any yard adjacent to the public beach of the Atlantic Ocean for any structures shall be 30 feet in the R -5R District. For purpose of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right-of-way within, the sandy beach. The following chart lists the requirements within the R -5R Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings. (b1) For duplex and semidetached dwellings in the R -5R Residential District: Duplexes Semidetached (9) As an exception, the minimum setback in any yard adjacent to the public beach of the Atlantic Ocean for any (structures, except in -ground swimming pools, shall be 30 feet in the R -5R District. For purpose of this section, "beach" shall , include any bulkheaded area contiguous to, and any unimproved public right-of-way within, the sandy beach. The following chart lists the requirements within the R-40 through R-2.5 Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for uses and structures other than dwellings. (d) For uses other than dwellings: 2 As an exception, the setback for any NA NA NA NA NA NA NA 30 NA NA (8) yard adjacent to the public beach of the Atlantic Ocean for any structure shall be 30 feet in the R -5R District. For Purposes of this section "beach" shall include any bulkheaded area contiguous to and any unimproved public right-of-way within the sandy beach. COMMENT These amendments clarify that all structures adjacent to the public beach of the Atlantic Ocean are required to have a thirty (30) foot setback. This is applicable even if the lot is adjacent to an unimproved street or bulkhead as is present from 48th to 89th Streets. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of January , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13131 R-2 December 23, 2014 City Attorney's Office 3 Item-V-J.IOe PLANNING -64- ITEM #64539 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH: e. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans of Development for setbacks adjacent to the Public Beach of the Atlantic Ocean Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 AN ORDINANCE ESTABLISHING TRANSITION 2 RULES FOR THE REVIEW OF SITE PLANS, 3 SUBDIVISION PLATS AND OTHER PLANS OF 4 DEVELOPMENT FOR SETBACKS ON PROPERTY 5 ADJACENT TO THE PUBLIC BEACH OF THE 6 ATLANTIC OCEAN IN THE R -5R ZONING DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the City Council has adopted a City Zoning Ordinance requiring that 12 setbacks on property in the R -5R Zoning District adjacent to the public beach of the 13 Atlantic Ocean be thirty (30) feet, even if there is a bulkheaded area contiguous to or 14 any unimproved right-of-way within, the public beach; and 15 16 WHEREAS, this setback differs from that previously applicable to this area of the 17 R -5R Zoning District; and 18 19 WHEREAS, it is the sense of the City Council that special transition rules should 20 be adopted to govern certain development applications that were not approved by the 21 City prior to the effective date of the Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That the following rules shall apply to the review of site plans, subdivision 27 plats and other plans of development for setbacks for property adjacent to the public 28 beach of the Atlantic Ocean in the R -5R Zoning District: 29 30 (a) Any subdivision plat, site plan or other plan of development pertaining to 31 setbacks for property adjacent to the public beach of the Atlantic Ocean in 32 the R -5R Zoning District that has been accepted for review, but has not 33 been approved by the City on or before the close of business on the date 34 of adoption of the amendment to Section 502 of the City Zoning Ordinance 35 pertaining to setbacks adjacent to the public beach of the Atlantic Ocean, 36 for a period of one hundred eighty (180) days from the date of adoption, 37 shall be subject to the ordinances of the City applicable to such property in 38 effect on the date such plat, site plan or other plan of development was 39 accepted for review by the City. 40 41 (b) If such site plan, subdivision plat or other plan of development is not 42 approved within the aforesaid 180 -day period, all development that is the 43 subject of such site plan, subdivision plat or other plan of development 44 shall conform to all then current provisions of the City Zoning Ordinance, 45 as well as to all other applicable laws, ordinances, regulations and 46 standards. 47 48 COMMENT 49 50 These transition rules will allow projects that have been submitted but not approved to 51 continue through the approval process. Thus, if a project was submitted last week with a 20 foot 52 setback on the public beach, it could continue through the process without being amended to 30 53 feet. This would continue for 180 days. If it was not approved within 180 days, it would then have 54 to be amended to meet the new 30 foot setback. 55 56 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 57 BEACH, VIRGINIA: 58 59 That nothing in this ordinance shall be construed to affect any vested rights 60 which existed as of the effective date of the Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of January , 2015. APPROVED AS TO CONTENT Plannin rment CA13252 R-2 January 8, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Item -V -J.11 PLANNING -65 - ITEM #64540 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan Consistency Review for vehicular access Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 1 2 3 4 5 6 7 8 9 10 11 12 A RESOLUTION EXTENDING THE TIME WITHIN WHICH THE PLANNING COMMISSION MUST ACT IN THE APPLICATION OF SIMON ACQUISITION ll, LLC FOR COMPREHENSIVE PLAN CONSISTENCY REVIEW PURSUANT TO VIRGINIA CODE SECTION 15.2-2232 WHEREAS, Simon Acquisition II, LLC (Simon) has made application pursuant to Virginia Code Section 15.2-2232 (the Application) to the Planning Commission for Comprehensive Plan consistency review regarding vehicular access to a proposed 350,000 square foot retail outlet mall located in the City of Virginia Beach; and 13 and 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the Application was submitted to the City on December 10, 2014; WHEREAS, Virginia Code Section 15.2-2232 provides, in pertinent part, that "[f]ailure of the commission to act within 60 days of a submission, unless the time is extended by the governing body, shall be deemed approval" of the application; and WHEREAS, as a result of the aforesaid provision and the regular meeting schedule of the Planning Commission, the Planning Commission would have to act upon the Application at its meeting of January 14, 2005 or be deemed to have approved the Application, inasmuch as its next regular meeting is to take place on February 11, 2015, more than sixty (60) days after the submission of the Application; and WHEREAS, the statutorily -mandated sixty-day period is insufficient for the Planning Department to adequately review and evaluate the Application and for the Planning Commission to give mature and proper consideration to the Application; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 27 That the sixty-day time period imposed by Virginia Code Section 15.2-2232, 28 within which the Planning Commission must act or be deemed to have approved the 29 aforesaid application is hereby extended to March 11, 2015, and the Planning 30 Commission is hereby directed to act on the Application by no later than such date. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 33 20th day of January , 2015. 2 APPROVED AS TO CONTENT: CA -13244 R-2 December 19, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office M.. ITEM V -K APPOINTMENTS ITEM #64541 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE TRANSITIONAREA/ITA CITIZENS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 -67 - ITEM V -K APPOINTMENTS ITEM #64542 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DR. ALLAN MORSDEN Three year term 01/0112015 —1213112017 COMMUNITY SER VICES BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 M ITEM V -K APPOINTMENTS ITEM #64543 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: RA DM CARLTON B. JEWETT Five year term 0310112015 thru 02/2812020 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 ITEM V -K APPOINTMENTS ITEM #64544 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: GEORGE E. McGOVERN LARRY W. SHACKELFORD GEORGE N. TZA VARA -Alternate Three year term 03/01/2015 — 02/28/2018 PERSONNEL BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 20, 2015 Item -V-N ADJOURNMENT -70 - ITEM #64545 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:22 P.M. Amanda Finley -Bar ,CMC Chief Deputy City Clerk th Hodges raser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 20, 2015